RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03409
                                        INDEX CODE:  110.02
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  7 FEBRUARY 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (undesirable)  discharge  be
upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time in military service, he began drinking with the wrong  crowd
to the point of becoming an alcoholic.  He requested  he  be  relieved  from
active duty, and signed the discharge  papers  without  thinking  of  future
consequences.  He is retired on disability and financially unable to  afford
his medication.  He never  thought  about  not  being  entitled  to  medical
benefits because of his discharge.

In  support  of  the  application,  the  applicant  submits   his   personal
statement, a copy of his separation document (DD 214),  and  a  letter  from
his neurologist.  The applicant's complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 22 July 1954, the applicant enlisted in the Regular Air Force at the  age
of 17 in the grade of airman basic (E-1) for a period of 4  years.   He  was
progressively promoted to the rank of airman second class (E-3) with a  date
of rank of 1 July 1955.

The following is a  resume  of  the  applicant’s  character  and  efficiency
ratings:

      CHARACTER  EFFICIENCY

 5 Oct 1954 Excellent  Excellent
11 Mar 1955 Excellent  Satisfactory
17 Mar 1955 Unknown    Unknown
18 May 1955 Excellent  Excellent
12 Jul 1955 Excellent  Excellent
On 5 March 1956, the applicant received an Article 15 for being drunk.

On 21 June 1956, the applicant was convicted by a summary court-martial  for
two offenses:  1) wrongfully transporting two  airmen  in  the  trunk  of  a
motor vehicle with the intent to conceal  said  airmen  while  knowing  said
airmen at the time were legally restricted to the  limits  of  the  squadron
area.  For this incident, he was sentenced to  perform  hard  labor  without
confinement for 45 days.  2) failing to go to his appointed  place  of  duty
at the time prescribed.  He was sentenced  to  perform  hard  labor  without
confinement for 30 days and to forfeit $50.00 of his pay.

On 25 June 1956, the applicant’s commanding officer submitted a Request  for
Board Action under provisions of  AFR  39-17  indicating  reasons  for  this
action were the applicant’s repeated  commission  of  offenses,  failure  to
perform  his  duties  properly,  and   for   being   a   habitual   shirker.
Additionally, he  indicated  the  applicant  had  a  tendency  to  disregard
military authority, he lacked military  bearing,  and  had  unsatisfactorily
performed his duties.  His commander stated that attempts had been  made  to
make a satisfactory airman out of the applicant.  The applicant  had  worked
under two different  supervisors  with  all  efforts  toward  rehabilitation
meeting with no success.

The applicant was advised of his rights under Article 31  UCMJ,  waived  his
entitlement to appear before a board of officers,  and  requested  discharge
without benefit of board procedures.  On 11 September  1956,  the  discharge
authority approved the recommendation and directed  that  the  applicant  be
discharged  from  the  service  and  furnished  an   Undesirable   Discharge
certificate.

On 1 October 1956, the applicant was discharged under other  than  honorable
conditions.  He had served 2 years 2 months and 9 days on active  duty.   He
had 1 day of lost time due to absence without leave.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit D).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  indicates  the  discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation,  and  was  within  the  discretion  of  the  discharge
authority.   Additionally,  the  applicant  did  not  submit  any  evidence,
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing, or provide any facts warranting a change  to  his  character  of
service.  HQ AFPC/DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the DPPRS evaluation, the  applicant  states  he  recalls
only two incidents regarding his discharge.  He was always on time for  work
and never shirked his duties.  He disputes the allegations  surrounding  his
request for discharge.  He has been  married  for  46  years  and  raised  5
beautiful children.  He was a member of the Massachusetts police force,  and
has owned a business for 46 years.  He is now 67 years old, and  his  health
has deteriorated.  He hopes to obtain some financial help with  his  medical
needs (Exhibit E).

In response  to  the  Board’s  request  for  post-service  information,  the
applicant  submitted  a  personal  statement  from  his  wife,   copies   of
certificates and licenses, and four (4) character reference letters.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable injustice.  Even though the applicant has provided  no
evidence to show that his discharge was improper or not in  compliance  with
appropriate directives, it is our opinion that approval of  his  request  is
warranted in this case.  We note that  during  his  years  of  service,  the
applicant generally received character and efficiency ratings of  excellent.
 Additionally, his post-service activities and character  reference  letters
seem to indicate he has led a stable and productive  life,  and  it  appears
that there is no evidence that he has had any subsequent  involvement  of  a
derogatory nature since his separation from the Air Force.  In view  of  the
aforementioned information, we believe an upgrade  of  the  characterization
of his service to one under honorable conditions (general) is  warranted  on
the basis of clemency.   Accordingly,  we  recommend  that  his  records  be
corrected as indicated below.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 1 October 1956 he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 May 2005, under the provisions of AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Patricia R. Collins, Panel Member
                 Ms. Janet I. Hassan, Panel Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-03409.

      Exhibit A.  DD Form 149, dated 27 Oct 04.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Nov 04.
      Exhibit D.  Letters, SAF/MRBR, dated 19 Nov 2004; and
                 AFBCMR, dated 13 December 2004.
      Exhibit E.  Applicant’s Letter, dated 22 Nov 04.
      Exhibit F.  Spouse’s Letter, dated 27 Dec 04, w/atchs.





                                        B. J. WHITE-OLSON
                                        Panel Chair


      AFBCMR BC-2004-03904








      MEMORANDUM FOR THE CHIEF OF STAFF


            Having received and considered the recommendation of the Air
      Force Board for Correction of Military Records and under the authority
      of Section 1552, Title 10, United States Code (70A Stat 116), it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to APPLICANT, be corrected to show that on 1 October
      1956, he was discharged with service characterized as general (under
      honorable conditions).








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Boards Agency